First transgender discrimination case to challenge ADA’s constitutionality

[frances_larina]

Pittsburgh Post-Gazette

First transgender discrimination case to challenge ADA's constitutionality


by Saranac Hale Spence


"In the summer of 1989, U.S. senators debating the Americans with Disabilities Act excluded behavior they deemed immoral from the ADA's protections, including "transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders," according to the text of the law.

That portion of the ADA hasn't been challenged until now.  Kate Lynn Blatt, a transgender woman who was fired from her job at Cabela's, filed a discrimination suit last summer making claims under both the ADA and Title VII of the Civil Rights Act"

From:  http://www.post-gazette.com/business/legal/2015/01/27/First-transgender-discrimination-case-to-challenge-ADA-s-constitutionality/stories/201501260116

Prior analysis:

http://tim.dreamwidth.org/1759598.html
Tim's Journal/8/23/2012

http://www.felgtb.org/rs/3954/d112d6ad-54ec-438b-9358-4483f9e98868/657/fd/1/filename/employment-discrimination-and-the-transsexual-joanna-mcnamara.pdf

by JoAnna Mcnamara

And a historical perspective by Jameson Green, circa 1994:
http://www.hawaii.edu/hivandaids/Tg/Report__Investigation_into_Discrimination_Against_Transgendered_People-ed.pdf

Hawaii.edu/by Jameson Green

Also, from Zoe's site:
http://aebrain.blogspot.com/2011/01/transsexuals-and-ada.html

Published by
A E Brain-BlogSpot.com    1/10/2011

[suzifrommd]

This is really big. If we were covered under the ADA that would be a judicial recognition that our condition is medical in nature and not a "lifestyle choice."

Thank you Ms. Blatt, for fighting for all our rights.

[BunnyBee]

Immoral, huh?  That's the wroding in the law?  Ouch..

[frances_larina]

Immoral, huh?  That's the wroding in the law?  Ouch..

The full explanation is in the link for "employment-discrimination-and-the-transsexual-joanna-mcnamara.pdf".  But I can sum it up in three words:  Senator Jesse Helms.   He insisted that the ADA be amended after it passed to exclude transsexuals as the courts had already decided we were covered by the Rehabilitation Act of 1973 (which was amended to exclude us in 1990; the text of that amendment was used directly by Sen. Helms in amending the ADA) and would likely otherwise be covered by the ADA.